H4 Extension while H1B in process?

[venkat0204]

Hi,

My H1B visa is in process and my H4 visa expires in Oct 2016. Can i my apply for H4 Extension now? Is there any problem with my H1 processing?

Thanks
ven

[raghvi]

Hi,

My H1B visa is in process and my H4 visa expires in Oct 2016. Can i my apply for H4 Extension now? Is there any problem with my H1 processing?

Thanks
ven

Is H1 filed as COS or as consular process?

[venkat0204]

Is H1 filed as COS or as consular process?

We applied H1B 2016-17 year quota from usa and it is picked in lottery. right now i am in USA On H4 Visa.

[raghvi]

We applied H1B 2016-17 year quota from usa and it is picked in lottery. right now i am in USA On H4 Visa.

A lot will depend upon how soon the H1 approval comes.

It appears that the H1 was filed as COS, but better to confirm with the employer.

If H1 was applied as COS and as long as approval comes in before your current H4 I94 expiry then no need to do anything. But upon approval of H1 you must work and get paid by the H1 employer from 01-Oct-2016.

If it was filed as consular processing then you would not automatically move to H1 from 01-Oct-2016. And then you would have to decide if you want to move to H1 or continue on H4. If want to move to H1 then ask employer to file amendment to convert from Consular to COS and you can work only upon approval. If you want to continue to be on H4 then file H4 extension before H4 I94 expiry date.

I would not recommend filing H4 extension because, if H1 was applied as COS, then if H4 extension comes after H1 approval notice then you would go back to H4 status.

Ask H1 employer as to what is taking long time for H1 approval to happen, if RFE ask them what it is about, and if required upgrade to premium.

This is my opinion not legal advice.

[venkat0204]

A lot will depend upon how soon the H1 approval comes.

It appears that the H1 was filed as COS, but better to confirm with the employer.

If H1 was applied as COS and as long as approval comes in before your current H4 I94 expiry then no need to do anything. But upon approval of H1 you must work and get paid by the H1 employer from 01-Oct-2016.

If it was filed as consular processing then you would not automatically move to H1 from 01-Oct-2016. And then you would have to decide if you want to move to H1 or continue on H4. If want to move to H1 then ask employer to file amendment to convert from Consular to COS and you can work only upon approval. If you want to continue to be on H4 then file H4 extension before H4 I94 expiry date.

I would not recommend filing H4 extension because, if H1 was applied as COS, then if H4 extension comes after H1 approval notice then you would go back to H4 status.

Ask H1 employer as to what is taking long time for H1 approval to happen, if RFE ask them what it is about, and if required upgrade to premium.

This is my opinion not legal advice.

Thank you very much Raghvi.
We appreciate your work.

[venkat0204]

Thank you very much Raghvi.
We appreciate your work.

My application filed through COS only.
Consultancy people are saying File your H4 Extension. If they didn't find H4 Extension application i should go for stamping(due delay in H1 processing, i don't have any status after Oct). can you suggest better way?

[raghvi]

My application filed through COS only.
Consultancy people are saying File your H4 Extension. If they didn't find H4 Extension application i should go for stamping(due delay in H1 processing, i don't have any status after Oct). can you suggest better way?

What is the reason of " delay in H1 processing"? Why not upgrade it to premium?

[venkat0204]

What is the reason of " delay in H1 processing"? Why not upgrade it to premium?

no idea about delay in processing, but they are considering delay too.
i can try in premium.

[raghvi]

no idea about delay in processing, but they are considering delay too.
i can try in premium.

Ask the employer about the option to go to premium.

This is my opinion not legal advice.

[venkat0204]

Ask the employer about the option to go to premium.

This is my opinion not legal advice.

Sure.

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Sure.

Thank very much.